131590P.pdf   08/07/2015  United States  v.  Wendell Brown
   U.S. Court of Appeals Case No:  13-1590
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Per Curiam - Before Bye, Smith and Benton, Circuit Judges] 
   Criminal case - Sentencing. On remand from the Supreme Court for 
   reconsideration in light of Johnson v. United States, 135 S. Ct. 2551 
   (2015). For the court's earlier opinion in the case, see United States v. 
   Brown, 734 F.3d 824 (8th Cir. 2013). Under Johnson, defendant's conviction 
   for possession of a short-barreled shotgun is not a violent felony for 
   purposes of sentencing under the Armed Career Criminal Act; without this 
   conviction, defendant only had two qualifying convictions, and it was 
   error to sentence him under the Act; remanded for resentencing. 
  
131590P.pdf   10/30/2013  United States  v.  Wendell Brown
   U.S. Court of Appeals Case No:  13-1590
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Benton, Author, with Bye and Smith, Circuit Judges] 
   Criminal case - Criminal law. Possession of a short-barreled shotgun 
   present a serious potential risk of physical injury to others and is 
   similar, in kind as well as degree of risk posed, to the offenses listed 
   in 18 U.S.C. Sec. 924(e)(2)(B), and the district properly ruled 
   defendant's prior conviction for possession of such a weapon is an 
   ACCA-qualifying felony; constitutional challenge to the residual clause of 
   18 U.S.C. Sec. 924(e)(2)(B) rejected.